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Michael Morton Act sent to governor

Michael Morton Act sent to governor

The Texas House gave final approval to the Michael Morton Act, voting 146-0 to send to Gov. Rick Perry a bill requiring Texas prosecutors to share certain information with defense lawyers before trial.

Several representatives cheered and waved to a smiling Morton as he sat in the gallery overhead.

The legislation bearing Morton’s name, Senate Bill 1611, seeks to make criminal trials more fair by creating a uniform “open file” policy for Texas prosecutors, ensuring that defendants have access to the evidence and information necessary to properly prepare a defense.

Perry is expected to sign the bill into law.

Texas’ criminal discovery laws haven’t changed since they were adopted in 1965, and Morton said he believes the reforms will reduce the likelihood that others will be wrongly convicted. Morton spent almost 25 years in prison before DNA evidence proved that he did not kill his wife, Christine, in their Williamson County home in 1986.

With Perry’s signature, Texas law will explicitly state that every prosecutor has a duty to disclose documents or information that could raise questions about a defendant’s guilt or lead to a lighter sentence if there is a conviction. The bill also will change pretrial discovery laws by:

• Protecting witnesses and victims by requiring prosecutors to redact identifying information, such as addresses and phone numbers, from information shared with defendants. Defense lawyers cannot share the information with those outside the legal team without approval from the trial judge.

• Requiring prosecutors to list the evidence provided to defense lawyers, creating a record for potential appeals or future legal disputes.

• Requiring prosecutors to promptly disclose favorable evidence uncovered during and after trial.

The negotiated bill dropped a provision, vigorously opposed by many defense lawyers, that would have required them to open their files to prosecutors. Prosecutors negotiated a shorter list of must-disclose items, dropping expert-witness reports and the criminal histories of potential prosecution witnesses.

Also Tuesday, the House unanimously approved a Morton-backed bill giving exonerated Texans additional time to pursue allegations that their prosecutor improperly withheld evidence.

Senate Bill 825 gives exonerees four years from the date of their release from prison to file a grievance with the State Bar of Texas, which oversees attorney discipline. The four-year statute of limitations currently begins at the time a violation occurs. The bill also requires that prosecutors be publicly reprimanded if misconduct is found, removing the option of a private rebuke.